About 42% of the urban population of the world, which are roughly 150 million households, lives as tenants. The same holds true even in India where, due to exorbitant rates of property especially in the metro cities, a majority of people live as tenants. While living as a tenant can be really comfortable, there are times when once can face rental issues and other related problems like getting an unwarranted eviction notice. However, Indian Laws has several provisions that protect the rights of a tenant.
The right to be saved from eviction that is unwarranted and unreasonable is the most important right available to a tenant. Each State Rent Control Act has specific grounds based on which a landlord can evict a tenant. Eviction of a tenant on any ground other than the ones mentioned in the State Acts is not considered to be sufficient for eviction. Further, the said State Acts also give the tenant the right to protection in a case where the landlord forcefully evict the tenant for a reason not specified in the Act.
In a situation where the landlord tries to forcibly remove the tenant from the premises without serving an eviction notice, the tenant is entitled to file a case in the civil court and seek and order of injunction. An ORDER OF INJUNCTION stops the landlord from removing the tenant out of the premises without any ground mentioned in the relevant State Rent Control Act.
In numerous cases, it is seen that the landlord may file a notice of eviction on false grounds. For example, the landlord may evade the receipt of rent for a month and then use the same fact of wilfully failing to pay rent as a ground to evict the tenant. However, in such cases also, the Rent Control Act can provide remedy to the tenant.
The following steps can be taken for challenging the false eviction notice:
The landlord may try to forcefully evict the tenant by withdrawing supply of essentials like electricity and water. In such a case, the Rent Control Act provides that the tenant can approach the court for relief and restoration of such basic amenities. The landlord would be obliged to restore the amenities and comply with the order, if granted.
In order to avoid such eviction orders: